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2025 DAILYLAW 78982 (KAR)

SRI MANJESHA A N v. SMT VASANTHALAKSHMI N

WP/24680/2024 · 2025-07-16

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26353 WP No. 24680 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24680 OF 2024 (GM-FC) BETWEEN: SRI MANJESHA A N S/O.SRI. NARAYANACHARI, AGED ABOUT 43 YEARS, R/AT NO 31, 4TH BLOCK 6TH MAIN, NEAR RING ROAD, NANDINI LAYOUT, BENGALURU 560 096 …PETITIONER (BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE) AND: SMT VASANTHALAKSHMI N W/O. MANJESH A N, AGED ABOUT 38 YEARS, R/O. NO.1034/B, GEETHANJALI LAYOUT, H.A.L. 3RD STAGE, NEW THIPPASANDRA, BENGALURU - 75 …RESPONDENT (BY SRI. ANANDA B N AND MOHAN K N., ADVOCATES) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALLING FOR RECORDS IN MC NO. 3881/2021 PENDING ON THE FILE OF THE 5TH ADDL JUDGE FAMILY COURT BANGALORE. SET ASIDE AND QUASH THE ORDER PASSED IN MC NO. 3881/2021 DTD 22.11.2023 BY THE 5TH ADDL JUDGE FAMILY COURT BANGALORE ON IA NO. 3 AS PER ANNX-C, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26353 WP No. 24680 of 2024 ORAL ORDER Aggrieved by the order passed in I.A.No.3 in M.C.No.3881/2021 dated 22.11.2023 by the V Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.20,000/- per month for the education and other expenses of the children, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The husband had filed M.C.No.3881/2021 seeking divorce. The wife had filed I.A.No.3 seeking maintenance of an amount of Rs.35,000/- and litigation expenses of an amount of Rs.3,00,000/-. According to the wife, the husband is working and getting an amount of Rs.1,08,000/- per month. 4. The husband had filed his objection stating that he has to take care of his mother and his two sisters. He has to pay the home loan, EMI and all other expenses. As such, he cannot pay the maintenance to the wife and the children. - 3 - HC-KAR NC: 2025:KHC:26353 WP No. 24680 of 2024 5. The Family Court had partly allowed I.A.No.3 and granted an amount of Rs.20,000/- per month to the wife for the education and other expenses of the children. While granting the amount, the Family Court had observed that the wife had completed M.Sc. and she is also capable of earning. After the separation, the wife is taking care of the children and their education and the husband has not produced any document to show that he has taken the responsibility of the children. The Family Court had observed that the husband has responsibility to take care of the children and contribute for their education and support them, considering the salary of the husband and had granted an amount of Rs.20,000/- per month. Litigation expenses of an amount of Rs.3,00,000/- was claimed and the Family Court had not granted any amount towards litigation expenses. 6. Learned counsel appearing for the petitioner submits that without considering the requirements of the husband, the income that he is earning and his expenditures, the Family Court had granted an amount of Rs.20,000/- per month which is on the higher side. - 4 - HC-KAR NC: 2025:KHC:26353 WP No. 24680 of 2024 7. Learned counsel appearing for the wife submits that at the time of the petition, the husband was earning an amount of Rs.87,000/- per month. Now he is earning an amount of Rs.1,20,000/-. It is submitted that now the wife is also working and she is earning an amount of Rs.20,000/- per month. It is submitted that the husband has obligation to maintain the children and the Family Court considering all these aspects had granted an amount of Rs.20,000/- per month. In fact, the Family Court had rightly granted the maintenance and no interference is called for. 8. Having heard the learned counsels on either side, perused the entire material on record. The husband's income is an amount of Rs.87,000/- as on that day and according to the wife, now he is earning an amount of Rs.1,20,000/- per month. Even considering an amount of Rs.87,000/- as the income of the husband, the Family Court had not granted maintenance to the wife but only for the education and other expenses of the children. The husband whose salary is an amount of Rs.87,000/- per month has a responsibility to take care of the children and the Family Court considering all these aspects had granted an amount of Rs.20,000/- per month. In the - 5 - HC-KAR NC: 2025:KHC:26353 WP No. 24680 of 2024 considered opinion of this Court, maintenance of an amount of Rs.20,000/- per month that is granted by the Family Court is well considered one and no interference is called for. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 46